Litigation Holds: How Windows Shops Can Reduce Risk With a Successful Litigation Hold Process

An ever-increasing number of rules and guidelines at the federal and state levels govern how companies must identify, manage, hold and produce electronically stored information, called ESI. Stopping the destruction of paper and electronic records when legal action is anticipated or pending is a requirement for all businesses - public or private. A litigation hold, or stop destruction request, is usually issued by a company's legal department as soon as it anticipates or is involved in litigation. The hold must be communicated to all employees that might have paper records or ESI relevant to the case. Litigation hold notices should be tailored specifically to each case and should include any potentially relevant individuals, systems or information.